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Divorce Help – Understanding the Infamous
Marital Settlement Agreement
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By: XSTILLA.COM
Generally speaking, there are three basic ways of resolving issues during a divorce, either letting the judge decide, having the spouses settle their differences in the courtroom, or by reaching an agreement through mediation instead of litigation.
Simply, a marital settlement agreement (MSA) is a legally binding agreement between spouses that will outline and determine each party's rights, responsibilities, and obligations as dictated by the court. If both spouses are in complete agreement, settlement agreements may be amended on a future date, although not necessarily in every case.
It's important to point out that a marital settlement agreement does NOT legally end a marriage, but rather provides a list of details that both spouses must follow and abide by. Every state in the U.S. recognizes marital settlement agreements, although individual laws may vary.
A couple may choose to draft their own MSA, however, if there are many issues at hand and extenuating circumstances to consider, it's definitely a wise move to consult an attorney, or at least have one review your agreement and offer any suggestions or changes if needed.
Some of the issues covered in a marital settlement agreement may include the following:
- Alimony
- Child custody issues including visitation
- Child support payments and terms
- Division of shared debts
- Division of property and assets
- Health insurance
- Taxes
Sample Marital Settlement Agreement
Let's take a look at a generic marital settlement agreement so you can get an idea of what one looks like, and also familiarize yourself with some of the legal jargon that's used. Keep in mind that this is only a sample contract that is intended for informational purposes only and should not be relied on as legal advice. Nothing transmitted from this article constitutes the establishment of an attorney-client relationship and this sample contract does not address the unique facts of your specific transaction and should not be used for that purpose. That said, here is the sample agreement:
JANE DOE
Respondent
MARITAL SETTLEMENT AGREEMENT
This Agreement is made and entered into this day of ______________ 2008 by and between the Petitioner, hereinafter referred to as JOHN DOE, the "Husband" and the Respondent, hereinafter referred to as JANE DOE, or the "Wife".
W I T N E S E T H:
- That the parties hereto were lawfully married on the 1st day of January, 2000, in City of _____, County of _____, State of _____; and said marriage was registered therein.
- That the Husband has resided in the state of _____ for a period in excess of 90 days prior to the filing of the Petition for Dissolution of Marriage.
- That one child (BABY DOE, age 3, born 2-1-05) was born to the parties; no children were adopted by the parties; and that Respondent is not now expecting a child.
- That there is litigation pending between the parties in the Circuit Court of _____, ___, pursuant to the Marriage and Dissolution of Marriage Act. The case is entitled "IN RE: The Marriage of JOHN DOE AND JANE DOE".
- That irreconcilable differences have developed causing an irretrievable breakdown of the marriage, that the parties have lived separate and apart for a period in excess of six months.
- That without any collusion as to said proceeding and without any intent to obtain or stimulate a dissolution of Marriage, the parties consider it to be in their best interests to settle between themselves the issues arising out of said litigation, including, but not limited to; maintenance, division or real, personal and non-marital property, debts and attorneys' fees, and to fully settle and adjust the other rights growing out of the marital or any other relationship now or previously existing between them and to fully and finally settle any and all rights of every kind, nature and description which either of them now has or may hereafter have or claim to.
- That the Husband has had the benefit of his attorney and that the Wife has appeared pro se. That both parties have had the opportunity to consult with an attorney regarding this settlement agreement. That both of the parties acknowledge that each has been fully informed as to the complete income and worth of the other.
NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties do freely and voluntarily agree to each term and provision set forth in the Marital Settlement Agreement, to wit:
ARTICLE I - RESERVATION OF RIGHTS
- That this Agreement is not one to obtain a Judgment for Dissolution of Marriage.
- That each party herein reserves the rights to prosecute or defend any action now pending or which may hereafter be brought for relief.
ARTICLE II - MAINTENANCE
That the parties agree to waive any and all rights they may have against the other as to maintenance and/or support (heretofore termed "alimony"), whether past, present or future, except as to what is outlined below.
ARTICLE III - CHILD CUSTODY & VISITATION
- That both Husband and Wife are fit and proper persons to have legal custody of their minor child. Accordingly, the parties shall have joint custody of the minor child. Wife shall have primary care of the minor child and will reside with her on a daily basis.
- The parties hereby acknowledge the needs of the child for continuing contact with both parents and the need for both parents to participate in the important events and decisions affecting the life and well-being of said child. The parties shall cooperate in implementing the child's educational, religious, and social activities so as to provide said child with an environment promoting healthy physical, emotional, and social growth and development. That this provision shall be reviewed on an annual basis.
- Husband shall have reasonable and liberal visitation with the minor child including every other weekend, four weeks of summer, and one week at Christmas time. That the specific holiday schedule cannot be determined due to conflicting schedules, however, it shall be agreed upon by the parties.
ARTICLE IV - CHILD SUPPORT
That Husband shall pay directly to Wife for the support of the minor child the sum of $500.00 per month; a sum known to be at least 20% of his net monthly income. That Husband's child support obligations shall continue until the emancipation of the minor child. For purposes of this Agreement, the term emancipation shall be defined as the occurrence of the first of the following events:
- Upon the child's death;
- The child's attaining the age of 18 years or completion of high school, or whichever later occurs;
- The child's maintaining a full-time residence outside the home of the parent who has primary care, exclusive of that child's residence at a secondary boarding school or similar facility;
- The child's obtaining full-time employment, exclusive of employment during school vacation;
- The child's induction in the armed services, or;
- The child's marriage.
That Husband shall provide medical/insurance for the minor child. That any amount not covered by insurance, including any extra-ordinary medical expenses shall be split equally by both of the parties.
That both parties shall pay for all college expenses for the minor child in accordance to their ability to pay.
That Husband and Wife shall alternate claiming the minor child as a dependent for tax purposes with Husband taking the even years.
ARTICLE V - PERSONAL PROPERTY
That each party shall retain all personal property that is not otherwise designated by this agreement, in their respective possession.
ARTICLE VI - OTHER PROPERTY
That all other property has been split by both respective parties.
ARTICLE VII - PENSIONS
That both parties shall waive any rights or claims to proceeds from the other party's pension plan, or similar accounts.
ARTICLE VIII - LIFE INSURANCE
That each party shall be entitled to any life insurance that is in his or her own name.
ARTICLE IX - ATTORNEY FEES
That each party shall pay and be responsible for his or her respective attorney fees incurred in this proceeding.
ARTICLE X - DEBTS
That Husband and Wife shall be responsible for any debt in his or her name only.
That except as otherwise herein contained, this is the whole of the Agreement between the parties and each party is barred from any other claims against the other party or his or her heirs, estates and personal representatives. This Agreement shall be submitted to the Court for its approval, and if approved shall be made part of the Judgment of Dissolution of Marriage shall be effective and binding only if Judgment of Dissolution of Marriage is entered in the said pending suit.
IN WITNESS WHEREOF, the parties hereto have written their signatures on the day and year first above written.
DATED: _________________
_________________________________
JOHN DOE
_________________________________
JANE DOE
STATE OF _____________
SS.
COUNTY OF ___________
JANE DOE, being first duly sworn, upon oath deposes and states that she is the Wife referred to in the above Marital Settlement Agreement. That she is of lawful age and under no legal disabilities, that has read the above and foregoing Marital Settlement Agreement, and fully understands all of its contents and knows the effect and meaning on the contents. That the matters and facts stated therein are true, and that she has of her own free will and accord agreed to the provisions of and contents of said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement her intention to be bound by the said provisions and contents of said Marital Settlement Agreement.
____________________________________
JANE DOE
STATE OF ___________
SS.
COUNTY OF ____________
JOHN DOE, being first duly sworn, upon oath deposes and states that he is the Husband referred to in the above Marital Settlement Agreement. That he is of lawful age and under no legal disabilities, that he has read the above and foregoing Marital Settlement Agreement, and fully understands all of its contents and knows the effect and meaning on the contents. That the matters and facts stated therein are true, and that he has of his own free will and accord agreed to the provisions of and contents of said Marital Settlement Agreement, and that it is now and was at the time of signing of the said Marital Settlement Agreement his intention to be bound by the said provisions and contents of said Marital Settlement Agreement.
____________________________________
JOHN DOE
SUBSCRIBED AND SWORN to before me this ___ day of __________ 2008.
NOTARY PUBLIC
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